Will my family have to move to the US if I participate in the EB-5 Program?

My wife wants to stay in the U.K. to see my daughter through high school. I want to apply for an EB5 visa now and begin to set up home in the U.S. Can my wife and daughter stay in the U.K. for the next 18 months and join me in the U.S. when they are ready? Or do we all have to move to the U.S. together? Or do I have to wait until I obtain permanent residency and then they apply to join me?

Answers

There are a few strategies to consider, one of them would be for them to ?follow to join? as you dependents. The I-526 filing and approval combined with immigrant visa processing can take a while and it is possible by the time you need to move to the U.S. the 18 months may have elapsed. If it has not, then they can follow to join, timing and possible limitations should be carefully discussed with immigration counsel.

Your family can follow to join you once you have obtained conditional permanent resident status in the US after approval of your I-526 petition. Please do not hesitate to contact our office should you have any further questions.

There are different ways to tackle this issue. The recommended one would be for your wife to obtain the green card and simply make occasional visits to the US. A word of warning here, t he law provides that any investor who leaves the U.S. and returns will be presumed to be admissible as a returning lawful permanent resident, as long as he or she has not remained outside the U.S. for more than 180 days. If an investor does remain outside the U.S. for more than 180 days, he or she will have to establish his/her admissibility to the Customs and Border Patrol inspector. Absences of longer than 180 days can raise questions concerning the investor''s intention in residing in the U.S. on a permanent basis as an immigrant. It would be recommended for her to obtain a re-entry visa. This would allow her to remain outside the country for up to two years. The alternative way (which is not recommended) is for you to obtain your green card and sponsor your wife. This would take around 4 years.

The family members can stay in the home country while the process is pending. They can obtain derivative status and move to the U.S. after you as the principal investor are approved for an immigrant visa.

Thank you for your inquiry. There are way to address your needs. First of all, this process does take a while, and by the time everything is ready, the family may be able to immigrate with you. Even if they need more time, they can enter the U.S., receive their green cards and apply for a special permit that would allow them to go back for up to 2 years. I am happy to discuss this with you in greater detail.

It is not necessary for your family to all secure visas and move to the U.S. simultaneously. A spouse and children may follow at a later date, provided the children remain under age 21.

Philip H Teplen

Immigration Attorney

Answered onMarch 21, 2013

The problem is duration of time outside of the United States. Eventually an ongoing course of conduct of living outside the United States beyond permissible guidelines will result in the cancellation of her resident status, which can certainly be applied for reinstatement. I suggest you call me to discuss in greater detail.

Good afternoon, The investor seeking a visa under the EB5 program can petition and receive a green card. The family may file a "following to join" application later. This means that as long as the investor receives his green card through the EB5 program, the rest of the family can come to the US and claim their permanent residence when they are ready.

No, your family does not have to move to the U.S. right away, or at all, if you participate in the EB-5 program. You may apply alone as an individual investor by filing the Form I-526. After that gets approved, you would be eligible to go through Consular processing or Adjustment of Status to get your conditional 2-year green card. After you get the green card, your wife and child may ''follow to join'' you in the U.S. when they are ready to get their own conditional 2-year green cards. Please seek an experienced immigration attorney to go through these steps.

You do not need to move together. Your wife & child can be included in the Immigrant Visa Processing and when approved, they can file for a Re-entry Permit which declares their intent to permanently reside in the U.S. but have personal business which require their extended absence from the U.S. upon being granted Permanent Residence. This will preserve their Permanent Resident (''greencard'') status while they finish up their personal business abroad without abandoning their Permanent Resident status. The Re-entry Permit is granted for a maximum period of 2 years and may be extended if needed. Good luck.

Your wife and your child could ''Follow-to-join'' when they are ready after you obtain your residency.

Neville M Leslie

Immigration Attorney

Answered onMarch 21, 2013

You will be ok and then could claim them but for them to get immediate status, they will need to come with you.

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